New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-09-28
THE PAN-ELECTRTC scandal.

The decision of Judges Colt and Nelson, Of
the United States Circuit Court, against the
Government, in the stock-jobbing suit brought
by Acknowledgement Garland for the benefit
Of the Pan-Elcctric ring of Democratic poti-
clans, surprises only the incapable law officials
of this Administration. They have two dis
graceful defeats to attest their incompetence
in this matter the Ohio decision informed them
that the pretended service upon the Bell Com
panv in that State was fraudulent and invalid
the company having its domcile in Massachu-
sets; and the Massachusetts decision informs
them that Government has no right, on
behalf of individuals interested, and on claims
which those individuals can set up in suits for
themselves, 10 assail the validity of patents
granted by itself. Whether the Government
has power i'm any event to bring suit to annul
patent, the Circuit Court properly deems
question to be decided by the Supreme Court Of
The United States. But if Government ever
has that power. il has it not in this matter,
the court holds, because the necessity which
might possibly arise in some cases for tho
exercise of this power by the Government
seems TO be wanting in the present case" "If
This power exists its exercise should be limited
10 cases where the statutory dcfcnces fail to
reach the case, and to hold otherwise would
turn patent litigation largely into the hands
of the Government, which plainly was not the
intention of the present law. The main grounds
upon which the validity of the Bell patents is
attacked in this bill can be raised in an in
fringcment suit"
The principles upon which this decision rests
arc so clear that it seems amazing that the
President and the Attorncy-Gencral ventured
TO disregard them-except on the ground that
Mr.. Garland, his Pan-Electric ring and their
necessities "llnOw no law" If an attempt is
made to deprive individuals of rights through
patents wrongfully obtained they have power
to set up in their defence the claim that the
specifications were fraudulent, or that the
patent was surreptitiOusly or fraudulcntlv OBJ
tanned, or that the invention had been antici-
patcd. 1nasmuch as any individual affected
has that power it is obviously disgraceful for
the Government to come liz as his agent or in
strument TO cast dshonOr upon its own admin
istration of law. But that was exactly what
President Cleveland ami his Attorney
tried TO do for the benefit of the pan-Electric
ring of Democratic politicians.
1t is not surprising that those who have
plundered the public, and their friends espec-
aily, by palming of upon them worthless tele-
phone stock on the assurance that the power
Of the United States Government would be
employed to make those stocks valuable, should
resort to abuse of the judges of the Circuit
Court These stock jobbcrs and their news
paper organs assert, what is yet to be asccr-
taipea in the courts, that the Bell patents arc
obviously fraudulent and then CAIN that judges
unworthy of public confidence keep those
patents alive for year longer by resortine
10 tcchnicalitics. This behavior is only about
rs indecent as the conduct of the Attorney
General in the whole matter. Ono step moro